§ 30-742. Effectiveness of comprehensive plan amendments and rezonings.

(a)

In order for a comprehensive plan amendment or rezoning to become effective, the governing boards of all significantly affected local government jurisdictions must approve a comprehensive plan amendment or rezoning when OCPS cannot certify to the governing bodies of all significantly affected local government jurisdictions that the affected public school or schools, the attendance zone(s) for which is (are) located within more than one (1) significantly affected local government jurisdiction, can accommodate the additional students resulting from the increase in residential density.

(b)

The basis for not approving a comprehensive plan amendment or rezoning by the governing body of a significantly affected local government jurisdiction (other than the jurisdiction in which the comprehensive plan amendment or rezoning would occur) shall be limited to school capacity and the time at which such school capacity shall be available.

(c)

A local government jurisdiction may, with written approval of OCPS and the consent of the applicant, elect to defer consideration of school capacity from adoption of a comprehensive plan amendment for a property until such time as the local government jurisdiction considers a rezoning for the property. In such a case, the comprehensive plan amendment may become effective without the approval of other significantly affected local jurisdictions.

(d)

This section shall not apply to a comprehensive plan amendment or rezoning with a de mimimis impact. Such a comprehensive plan amendment or rezoning shall be presumed not to create an adverse impact on any affected public school.

(e)

This section shall not apply to an administrative rezoning that does not increase actual residential density, but merely makes the zoning district or category representative of the pre-existing development and pre-existing residential density in the area.

(Ord. No. 2006-04 , § 1, 5-9-06)